Planning Application - Help please!

Kookaracha

Hello All!

I’m new to the forum and just wondered if anyone has any advice on planning application objections? We’ve just moved into our first home, so have no experience with planning legislation etc. so it all seems a bit overwhelming at the moment.

We have just received a planning proposal from the council that our neighbours submitted. They haven’t showed us any of these plans so it’s a bit of a disappointment to receive this in the post. They want to build a front extension 2.8 metres out and right up to our boundary. 

 We live in a 1970s terraced property with around 20 identical-style properties on the street. No other houses have front extensions except a few with small porches around 1m. Most people have extended out the back though.

 Our main concern is that a big part of our view will be obscured and replaced with a solid brick wall. The view looks down a small wooded valley exactly in the direction of their proposed extension. So we will lose sight of all the nature and greenery If the extension wasn't quite so long, we should retain a little bit of our view at least. 

I understand that view can’t be taken into consideration but I’ve heard about a 45-degree rule. Does anyone have knowledge of this? Our front kitchen window is the one to the right on the proposed plans. Am I correct in thinking this breaks the 45-degree rule?

 I would be so very, very grateful for any help and advice on writing a response to the application. Thank you!

 

 

moneysavinghero

This explains the 45 degree code:
https://www.wyreforestdc.gov.uk/planning-and-buildings/planning-practice-notes-and-advice-leaflets/the-45-degree-code.aspx
As it's single storey its going to hinge on whether it scrapes past the 25 degree rule or not.

And bear in mind that this is just a code, different councils may have different opinions on whether they follow the code or not.

Kookaracha

Many thanks for your response! So if we were to take this angle from the centre of our window on the plan, am I right in thinking this breaks the 45 degree guidelines? 
moneysavinghero said:

As it's single storey its going to hinge on whether it scrapes past the 25 degree rule or not.

Where do we apply the 25 degree rule from if the extension is to our right hand side?

pinkteapot

First thing to do is check whether your local council applies the 45 degree rule or not - and how (horizontal plane, etc). Different councils have different rules and if you're going to appeal you need to demonstrate that the application breaches the relevant council's rules. 

Search online for anything from them, or phone the planning office if you can't find anything. 

Ashworks

The things to check are your local authority's Local Plan and any supplementary guidance on residential amenity. You cannot appeal but you can object, and this needs to be based on a breach of local planning policy and/or a loss of residential amenity. This can include loss of privacy and light. Given that no other houses in the row have front extensions and that councils are generally not keen on building in front of the current building line, I would think it was probably unlikely to get permission, but you still need to object. 

Doozergirl

Ashworks said:

The things to check are your local authority's Local Plan and any supplementary guidance on residential amenity. You cannot appeal but you can object, and this needs to be based on a breach of local planning policy and/or a loss of residential amenity. This can include loss of privacy and light. Given that no other houses in the row have front extensions and that councils are generally not keen on building in front of the current building line, I would think it was probably unlikely to get permission, but you still need to object. 

This. 

One would hope that it would be found to entirely out of keeping with the rest of the street.  Front extensions are pretty rare and that one is particularly ugly! 

Losing the view is not a valid reason for objecting so you need to find the local design guidance and demonstrate that it doesn't meet it! 

FinallyStoppedLurking

Have you ever considered an extension and would you be in a position to fund it? If you can't beat them; join them.

princeofpounds

If there are no similar front extensions along the whole street, I think you may have a chance with a well-crafted objection. It's usually much harder to extend forward than back.

If you really care about this issue, you may wish to consult a planning consultant with expertise in your district. It will cost a few bob but hopefully not too much, as it would probably be an easy job for them to list grounds on which you can potentially object, just an hour or two to write up and talk you through them. 

This is a bit more tilted to strategic issues around objecting to large developments, but it's helpful to understand what these decisions are based on and what they are not based on: http://planninglawblog.blogspot.com/p/how-to-object.html

If you don't want to use a consultant, then you should go into the local planning portal, read their policies and design guides, the local plan etc. Also read objections from applications on the system, when you see some good ones you can lift the points made and alter them to your circumstances. Unfortunately their websites and documents are usually a confusing bureaucratic mess - sometimes I suspect be design. But if you throw enough mud some of it may stick.

If you tell us your council area we may be able to be a bit more specific about the policies.

Kookaracha

Thank you all so much for your replies!!!! It is encouraging that we might have some grounds to object. We have only been in the house 1 year, so pretty much all of our extra funds have been depleted... especially since we have just put in a new kitchen - exactly where a front extension would go! I'm trying to be objective and see what the council would see when considering the plan. I mean, 1970s terraces aren't the most attractive houses to start with... but this would look quite big on the front our terraced row and I think this could be said to break up the building line. Not a single house has built out a front porch/canopy more than around 1m. I hope they will consider this point. A similar-sized 1m-ish extension would be fine, but just shy of 3m surely makes it seem disproportionate? A couple of the end-terraced houses have extended out to the side where they can fit it and most people have extended out the back, I'm not sure why they aren't doing that tbh, they would have lots more living space...

Our council is Dacorum, and their website is a bit messy compared to other council's that I've seen. I'm really struggling to navigate all the jumble of documents and find where the relevant info is. Also, since they are building up to the boundary, does this means it's a now party wall issue with any foundations they might put in? Sorry for all the questions, it's my first time dealing with all this planning stuff, and I've already lost sleep thinking about it all!

princeofpounds

OK, here are some ideas. Go to the planning application search function, select 'advanced':
https://planning.dacorum.gov.uk/publicaccess/search.do?action=advanced

Set up a search over the past couple of years for householder applications that were refused. You can narrow it down further by area and other criteria if you believe it appropriate, but the idea is not to restrict it too much.

Browse through that list for extensions that have been refused. Look at any objections and the decision notices in 'documents' section of each record. 

For example, you'll read things like this:

"Reason(s) for Refusal: 1. Owing to its height, proximity to the rear boundary and elevated position, the first floor rear extension would be visually intrusive / overbearing on the residents of no. 8 the Hawthorns, contrary to Policy CS12 of the Dacorum Core Strategy."

Googling that policy leads us here:

https://www.dacorum.gov.uk/home/planning-development/planning-strategic-planning/local-planning-framework/core-strategy

"POLICY CS12: Quality of Site Design On each site development should: a) provide a safe and satisfactory means of access for all users; b) provide sufficient parking and sufficient space for servicing; c) avoid visual intrusion, loss of sunlight and daylight, loss of privacy and disturbance to the surrounding properties; d) retain important trees or replace them with suitable species if their loss is justified; e) plant trees and shrubs to help assimilate development and softly screen settlement edges; f) integrate with the streetscape character; and g) respect adjoining properties in terms of: i. layout; ii. security; iii. site coverage; iv. scale; v. height; vi. bulk; vii. materials; and viii. landscaping and amenity space."

That gives you a whole list of things to consider in terms of forming a basis for objection. There are other policies like it - if you read the notices you'll get a sense of how they are applied in relation to extensions. 

When you do object, be polite, don't waffle, and don't whine. The letter will be publicly available. Be factual and support with evidence and reference to the plans where appropriate (for example - if you say you're going to lose light - which room, from which direction, how far away is the window, what angles are blocked etc).

Kookaracha

Brilliant, thank you so much, princeofpounds. That's given me something to start with, I didn't know you could filter for the refused applications. Hopefully it can give us somewhere to start and maybe it doesn't conform to some of those policy points you highlighted. I was hoping to find something about that 45 degree rule, as I'm sure it breaks it too if Dacorum applies it. Some of those past objections from neighbours are hilariously emotional, they're hard to take seriously. Must be an interesting job being a planning officer and reading all those angry comments!

princeofpounds said:

"POLICY CS12:
c) visual intrusion 
f) integrate with the streetscape character;
g) respect adjoining properties in terms of: i. layout; iii. site coverage; iv. scale; v. height; vi. bulk; viii. landscaping and amenity space.